Just because Apple scored a sweeping victory against Samsung in its patent trial in the U.S., which led to the nine panel jury awarding the Cupertino company more than a billion dollars in damages, it doesn't mean the whole matter of Android versus iOS is settled. Far from it, in fact. Days before the verdict was reached, Google's recently acquired Motorola Mobility division filed a patent suit of its own against Apple, one in which it will try to ban Apple imports in the U.S. Interestingly, Apple appears willing to go to trial, especially with the Samsung case under its belt, but in Germany, the company caved and reached a licensing deal with Motorola.

Why the change in strategy? No one outside of Apple's ranks knows for sure, but based on FOSS Patents founder Florian Mueller's analysis of the situation, there are a couple of reasons. First is the fact that it's unclear when the German license agreement came into being. Mueller says German courts don't make documents available, so this could be an older deal that's just now being discovered.

Secondly, Mueller points out that in Germany, "finding of infringement automatically results in an injunction, the only exception being standard-essential patents." It's being reported that Motorola's beef is, in fact, with standard-essential patents, and that the only thing Apple didn't agree on was Motorola's royalty rate.

"Under the agreement, Apple is now licensed to use some if not all of Motorola's standard-essential patents in Germany, though the parties have not yet agreed on a FRAND royalty rate, which will ultimately have to be set by German courts unless they agree on a rate prior to its judicial determination," Mueller explains. "This is a very significant development because it means that Motorola Mobility will have to rely on non-standard-essential patents in its efforts to gain leverage over Apple."

By reaching an agreement with Motorola, Apple ensures that the only thing Motorola can do now (in Germany) is go after a high royalty rate, which is a far better scenario than fighting over non standard-essential patents and risking an immediate injunction.

Comments

From what I understand about this whole mess, is that apple and Samsung worked together on several projects including software suites and design elements.

Supposedly, apple paid for the license to use the Samsung created content, but Samsung didn't do the same for apple. They used apples work in their tablest and phones without paying the royalty fee for doing so.

Interestingly enough, in China, this claim is flip flopped. It is reported that apple never paid Samsung its royalty fee's for using their work.

Needless to say, from what I have read and heard, is that this is not just a simple case of "look and feel" but in fact deals with a lot of under the hood software elements that both companies worked on together.

That being said, apple still needs to get lost. They still retain asshole status in my book for ripping off their "ground breaking" innovation from other peoples creativity. Their walled garden of hardware and software strips choice away from the consumer and enforces people who know nothing about computers to remain ignorant and hooked to the inflated price crypt that is the apple store.

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